The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1887-07-25

civil court and refusal 10 permit re-
covery for the interest, or the
excessive interest. The criminal
law Is scarcely ever resortcd to for the
purpose of furnishing usury. The pro
cedure OF our civil courts is amply suiii
cient to protect any person against a
usurlous contract and Is an ade'
quate remedy hence without any
legislature the above section OF
the constitution was effective
and is self-executing and the above de-
cision is eminently correct. What is the
evil sought to BIO remedied by theproposcd
amendment? The manufacture, sale and
exchange of intoxlcants, except for Ger
tain purposes. And what is the only
effective remedy that ever has been or
that can be applied to prevent this evil
or execute this clause? Manifestly tho
criminal and not the civil. This amend.
ment makes no provision for its execu-
ton, but recgates this duty entirely to
the legislature. The constitution no
where provides when amendments shall
20 into effect, but leaves this duty to
the legislature, and the legislature in
framing this amendment says by whom
and when it shall be put into effect,
by the first legislature. IL 1t has al
ready gone into effect, when the legis-
lature meets, how can they put 1t into
effect2
Cooley on Constitutional Limitations,
D. 101, says. "a constitutional provision
may be said to be self-executing If it
supplies sufficient rule by means Of
which the right given may be enjoyed
and protected, or the duty imposed en-
forced, and 1t is not self.executing when
it merely indicates principles without
| laying down rules by means OF which
those principals may be given the force
of law" Now apply this rule to the
proposed amendment Does it furnish a
sufficient rule by means of which the
duty imposed may be enforced? The
duty imposed upon the people by said
amendment is to refrain from the
manufacture, sale and exchange of
Intoxicating liquors and the same
amendment makes no provision for its
enforcement it simply lays down a
principle or policy but formulates no
rules by means of which those principles
may be given the force of law. The pur-
poses of the amendment, its very Ian
ruage. the rules of constitutional con
slruction and the combined good' com
mon sense of the people can lead to but
Il - 4
one conclusion which is, that the amend
ment is not self-executing but was in
tended TO remain dormant until called
into life and put into effect and opera
ton by after legislative action.
Another special plea is that IL passed
it will not prohibit The somewhat ex'
tended and practical experience Of other
states have demonstrated the fact that
when thoroughly tried it will prohibit
and is a success this is established by
the evidence of persons whose means Of
information. honesty and veracity are
undoubted. 1t is proven by the fact that
whenever the people OF a state have
properly and thoroughly tried 1t they al
ways retain it by increasing popular ma
jorities. and another significant fact is
that those who are engaged in this traffic
and who under this present license law
pay for the privilege of selling liquors
should exert themselves so strenuously
and contribute so largely of their mon
ey to defeat this amendment when by its
ratification they would be permitted to
sell the same amount or more liquor free
from all occupation tax. The decrease
in the amount Of internal revenue
tax collected from those states
where prohibition has Ebeen thoroughly
tried also establishes this fact. This is a
great social reform and is opposed and
met with defiance by all whose pecuniary
interests it damagingly effects. 1t will
also change and eventually to great
extent root out and destroy very tena
cious, though deleterious, habit, acquired
by some Of our people, and IL there il
anything that is painful to some Of us II
is to reform and do awsy with habits
and customs that are hurtful and injuri
GUS 1t strikes down and destroys the
continuance OF a business by which mil.
lions are made annually; it gives the
death blow to the pursuit within this
State OF calling in which are engaged
several thousand men whose ASSOCIATION
apd surroundings throw them to great
ex,eet, in contact with tn at class OF per
sons wAose life study is to evade anc
violate the law. The above 20 great
extent will be opposed to the enforce
ment of this Law, and will call to their aic
in this undertaking their money, theil
influence, such as they have, their wiles
trickeries and receptions, and will thu:
strive to render the law uuavailing and
nugatory, and bring it into contempt ant
disrepute, and consequently no reasona
BILE man will expect that this deletctiou'
habit can be extirpated in day nor thai
the law can fully and in every respect b'
enforced at once. Such consumma
IL h.. al. hum